MUHAMMED SUFIYAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant is the 1st accused in SC 137/2009 on the files of the Additional Sessions Court, Manjeri, who in this appeal challenges the conviction and sentence passed by the court below under Sections 302, 364, 394, and 201 IPC.

(2.) The prosecution allegation can be briefly stated as follows: - Deceased Saravan Singh was the agent of the wholesale textile dealers at Calicut, namely, M/s. Deepak Garments and M/s. Suraj Cash and Care. He used to procure orders from retail textile outlets in and around Malappuram District for his employers. He also used to collect money from the retailers. Deceased Saravan Singh and the above said wholesale dealers belong to Rajasthan. They settled in Calicut in connection with their business. The 2nd accused is also from Rajasthan. While so, on 12 - 12 -2007, the accused in furtherance of the criminal conspiracy of both the accused abducted Saravan Singh in a car, administered stupefying material and committed robbery of cheques and money from deceased Saravan Singh and thereafter, the accused caused the death of Saravan Singh by strangulation. Thereafter, the dead body was thrown to a pit in a cashew garden at Maravattom.

(3.) The deceased Saravan Singh was found missing from 12 -12 -2007. In connection with the missing of Saravan Singh, his brother PW53 lodged Ext. P40 F.I. Statement before PW46, who in turn registered Ext. P40 (a) FIR under the caption "man missing". While so, the Investigating Officer obtained information with regard to the presentation of one of the cheques involved in this case by PW4. After questioning PW4, the appellant was arrested on 10 -01 -2008. When questioned, the appellant had given Ext. P8(a) disclosure statement and pursuant to the said disclosure statement and as led by the appellant, the dead body of the deceased Saravan Singh was recovered from a pit in the cashew garden by PW58. MO3 suitcase was recovered by PW58 as per Ext. P32 mahazar on the basis of Ext. P32(a) disclosure statement given by the appellant and as led by him. MO7 series of pants and shirt were discovered by PW58 as per Ext. P41 mahazar on the basis of Ext. P41(a) disclosure statement given by the appellant and as led by the appellant. PW59 continued the investigation and after completing the investigation, PW61 filed the final report before the court.